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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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Hello, i live in a purpose built ground floor maisonette, all

Customer Question

Hello, i live in a purpose built ground floor maisonette, all floors are concrete.
For the last 3 months the upstairs maisonette directly above me has undergone complete restoration, electrics, plumbing, bathroom and kitchen all with horrendous noise, but is ok because work carried out between 8am and 7pm. I did advise the new tenant about the flooring issue and she said she would install a quality low noise flooring, i said what about carpets? She wasn't interested as she is renting it out. The noise is unbearable, every footstep, noise is so loud, what can i do about it? As she is not prepared to put carpet down.
I am one of the free-holders and have lived here for 17 years.
I am so depressed and dread going home after work, please advise.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

So the flat above you is a long leasehold? What does the lease say about floor coverings?

JACUSTOMER-efy2t40y- :

It just says that the above maisonette should not cause nuisance, There are 4 maisonettes and each one of us has a share of the freehold, it has just been renewed for 150 years, property was built in 1965

JACUSTOMER-efy2t40y- :

I have to go to work now, can i continue this chat later?

Customer:

OK that is unusual there is usually a clause requiring carpets or adequate sound insulation.

Customer:

Yes you can. I will be on and off this site throughout the day.

JACUSTOMER-efy2t40y- :

Thank you, ***** ***** lease states is in the third schedule part 1-

JACUSTOMER-efy2t40y- :

The tenant shall not do or permit or suffer to be done in his maisonette or use his maisonette for anything which may be a nuisance or may or can tend to the reasonable annoyance of he tenant of any other maisonette or after the use thereof shall have been objected to by the landlord by notice in writing given to the tenant provided that such notice shall not be given by the landlord unless and until at least 2 other tenants shall have made written complaint to the landlord of such use aforesaid.

JACUSTOMER-efy2t40y- :

Well, we are all landlords, and one of them is the best friend of the lady who now owns the maisonette above me, so she is not affected.

JACUSTOMER-efy2t40y- :

I will speak to you later.

JACUSTOMER-efy2t40y- :

Hello, i am home now, did you see th above info?

Customer:

Hello I have had IT problems today (was in an office with no wifi incredibly) and am travelling at the moment will anser this later this evening.

Customer:

Ok there seems to be a clear breach of the above clause but you need to have the landlord complain but seem to need another tenant to complain with you. That is how I read that clause. Is there anything else in the lease that helps? Is "the landlord" defined in the lease? Is it the body that charges service charges and organises repairs? Is there anyone else to complain with you?

Customer:

Also it may be that the upstairs owner is liable in negligence if he has carried out works and made the noise insulation less god. You might be bale to bring an action negligence on your own, irrespective of what support you have form other owners. It would be expensive but you could seek an order for specific performance that work is done to improve noise insulation as well as compensation.

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